Can I reaffirm my credit card debt? 26 Answers as of January 21, 2013

What is the difference between reaffirming a credit card debt vs not including the debt in Chap 7 bankruptcy. Im employed by the dept store that issued the charge, therefore I would like to keep the charge open and continue to pay. Im an executive in the store and would like to keep my job secure.

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Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
All debt must be included in your bankruptcy filing. You are absolutely not allowed to pick and choose which debts must be included. The court will generally not allow you to re affirm credit card debt. You can simply continue to pay it if you like.
Answer Applies to: California
Replied: 8/11/2011
Ray Fisher Law Offices
Ray Fisher Law Offices | Ray Fisher
Question: Can I reaffirm my credit card debt? Most courts will not approve the reaffirmation of a credit card debt and I cannot imagine any bankruptcy lawyer recommending that you do that. Question Detail: What is the difference between reaffirming a credit card debt vs not including the debt in Chap 7 bankruptcy. Reaffirming a debt is an agreement to treat the debt as if you never filed bankruptcy that is approved by the court. Not including it in the bankruptcy is a criminal act for which you can lose your right to file bankruptcy altogether and for which you can go to jail. I tell my clients who are tempted to do this that the good news is that it is a federal crime. So you can expect to spend your prison time in a nicer prison than state prisons. Im employed by the dept store that issued the charge, therefore I would like to keep the charge open and continue to pay. Im an executive in the store and would like to keep my job secure. You can always make an informal agreement to pay the debt.
Answer Applies to: Texas
Replied: 8/11/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
First, you HAVE to list every debt in your bankruptcy. Second, the employer cannot fire you because of the bankruptcy filing. Finally, you can reaffirm the debt if you are still concerned about it.
Answer Applies to: Michigan
Replied: 8/11/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
All debts, including credit cards, must be listed in the bankruptcy schedules. You can choose whether or not to reaffirm a given debt. For example, if you are employed by the company that issued the charge card, you may want to continue paying that debt.
Answer Applies to: California
Replied: 8/11/2011
Lewis Adams and Associates
Lewis Adams and Associates | Lewis P. Adams
You can reaffirm any debt. Usually reaffirmation agreements allow you to keep property that might otherwise be repossessed. If you make arrangements with the credit card company to reaffirm the obligation, then you may be able to retain the open account. However, most credit card companies will not offer a reaffirmation agreement. If you fail to list the card and a review of your credit history shows the filing of a bankruptcy petition, the creditor will close the account to further use unless some prior agreement has been reached between you and them. The bankruptcy code requires you to list all of your creditors.
Answer Applies to: Utah
Replied: 8/11/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    There is no such thing as not including a debt in a bankruptcy inasmuch as you are signing your bankruptcy petition under oath and under the penalty of perjury that you have listed all your debts, income, assets, and expenses. Your failure to do so can lead to a denial of your discharge of all your debt. In addition, even if you disobey the law and don't list it, it is likely the credit card company would find out about your filing thru a National Data Clearing center and cancel your card and debt. Reaffirmation agreements must come from that creditor. It is unlikely that the creditor will send you a reaffirmation agreement for the balance owed on your account as it is not worth it for them to do so. It is not the responsibility of your attorney to draft one as that would be representing the creditor and not you.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, you can reaffirm your credit card debt. To do so, you need to enter into a written reaffirmation agreement and have the agreement approved by the Court. You are required by law to list all of your assets and all of your debts in your bankruptcy schedules. It is never proper to intentionally not list a debt.
    Answer Applies to: California
    Replied: 8/11/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Problematic. You have to include all of your creditors in your schedules. Generally, credit card debt is not reaffirmed. Can you be up front with your employer. There is nothing preventing you from continuing to pay your employer credit card as and when due, but do not believe you can not to disclose the bankruptcy to your employer ultimately.
    Answer Applies to: Mississippi
    Replied: 8/11/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Yes, you can reaffirm.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    In bankruptcy you must list all assets and ALL debts; you cannot to chose to exclude any. You can chose to reaffirm any debt you wish to pay, including credit card debt, although some bankruptcy judges call you in to testify that you are reaffirmming a debt knowingly and voluntarily.
    Answer Applies to: Illinois
    Replied: 8/10/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Reaffirmation is a contract that you will need to sign with the creditor, and filed with the court. You can negotiate with them with regard to the terms of payment (i.e. total amount, monthly payment amount, duration, etc.) Not listing meaning your debt as to that creditor won't be discharged because your creditors never got notice of the case. In your case since you intend to pay the debt, the only difference is very little difference.
    Answer Applies to: Florida
    Replied: 8/10/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    You can reaffirm on an unsecured debt. This is often done is situations like yours where your job is tied to the debt you seek to reaffirm.
    Answer Applies to: Alabama
    Replied: 8/10/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    All debts must be listed in your bankruptcy. All creditors must be treated equally in bankruptcy. You don't reaffirm credit cards, but if you want to continue paying it, you may, but the creditor may still close your account.
    Answer Applies to: California
    Replied: 8/11/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It is a violation of bankruptcy law not to list ALL of your creditors. I am not aware of a court which approves reaffirmation of a credit card. I would suspect that if you were being fired if you do not reaffirm, that may be a basis.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I have never had anyone reaffirm a charge card debt unless it was one with a credit union so that they could remain a member in good standing. However, as long as you can afford it, I am not aware of any reason why you couldn't by saying you are doing so because it is to your employer, or can go to your employer and tell them that you are filing bankruptcy but intend to keep paying on the card.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes you can.
    Answer Applies to: California
    Replied: 8/10/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Well, first of all your employer cannot fire you based on having filed a bankruptcy, pursuant to 11 USC 525. However, to answer your question, you must include all assets and all debts in any bankruptcy case, so there is no such thing as "not including" a debt. If you reaffirm the debt, you will not be discharged from the obligation to pay on it.
    Answer Applies to: California
    Replied: 8/10/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    The difference could be bankruptcy fraud. You are required to list everyone you owe and everything you own. Even if you want to reaffirm, you need to do that in the proper way, by executing a reaffirmation agreement rather than just not listing the debt.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You cannot reaffirm your credit card debt because that would be a preference. That means you would be preferring one unsecured creditor over the others. You can certainly pay that debt and any other debt you wish to pay voluntarily but threatening to dismiss you because you do not pay a debt would be a violation of the automatic stay and the discharge injunction after you get your discharge. question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will not > be valid.
    Answer Applies to: California
    Replied: 8/10/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    You must include all debts in your chapter 7 filing you cannot pick and choose who you file bankruptcy against. I am happy to discuss these issues with you.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your post tells me that you are doing something dangerous - filing without a lawyer. It is highly unlikely that a creditor will permit you to use the card even if you reaffirm, and your employer is NOT the creditor. All major store cards are owned by banks. So your employer is unaware of the case anyway. Additionally, no court is likely to allow you to reaffirm an unsecured debt. Get a lawyer before you make other missteps.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    You are required to list all debts on the petition. If you do not owe anything on a card then you do not have to list it, but you must list all debts. Reaffirmation agreements are meant for secured debts. People often reaffirm on a home mortgage or a car loan in order to keep the item secured. Even if you do not list a credit card on your bankruptcy petition the card company will find out about the bankruptcy and may cancel your card. None of the above means that you cannot contact the credit card company and start again a card with them. In fact you will be given opportunities just because you filed bankruptcy. You may become a better risk on an unsecured credit line because you have discharged your debt and you cannot file chapter 7 bankruptcy again for 8 years. I am unsure how the store will deal with an employee in this situation. I would suggest you talk to someone in authority about the stores policy on bankruptcy with employees.
    Answer Applies to: Colorado
    Replied: 8/10/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    All debts must be listed on the BK Petition. You cannot leave the debt out. Paying the debt off prior to filing could be seen as a preference and could be a problem too. Further, it is very rare for a Judge to approve a reaff on a CC. But, maybe you have a good reason. I would contact your HR dept and see if it would really matter. My bet is no.
    Answer Applies to: California
    Replied: 8/10/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    First off, I cant see a court anywhere approving a reaffirmation on a credit card. A basic premise of BK is that like situated creditors are treated equally you cant refuse to pay on this visa, but pay on another mastercard just because. Second, you do not have any choice in whether you list a debt or not. You must, by law, include every debt you owe. You also will be asked that question under oath at the 341 meeting of creditors. Tread lightly if you think you can simply fib. Repercussions start at denial of entry of discharge for filing knowingly false papers, and go up to jail time for perjury.
    Answer Applies to: California
    Replied: 8/10/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    No, this is an unsecured debt and must be included in your bankruptcy discharge.
    Answer Applies to: Washington
    Replied: 8/10/2011
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